MITHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This case has been shown repeatedly in the list and a request had also been made to secure the presence of the learned counsel for the appellant. He has, however, not put in appearance.

(2.) On 24.8.1984 at about 8.00 P.M., ASI Mehar Singh along with other police officials was going from village Gehri Bara Singh towards Maisar Khana and when he reached the outskirts of the village; he saw accused Mithu Singh throwing away a bag that he was carrying and then running away. The Assistant Sub Inspector picked up the bag as he suspected it to contain opium. He took out 10 grams of the material in the bag as a sample and sealed the remaining 3 Kgs. and 490 grams. A ruqa was also sent to the police station and on its basis a formal FIR was registered. On analysis of the sample, the Chemical Examiner found it to be opium.

(3.) The trial Court, on a consideration of the evidence produced before it, convicted the accused for an offence punishable under Section 9 of the Opium Act and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/- and in default thereof to undergo further rigorous imprisonment for two months.